Sunday, November 16, 2014

The recent effort by the
Kaminetskys of Philadelphia Yeshiva to “help” Mrs. Friedman, a married woman,
to remarry without a GET, is a hideous rishuse. Somebody told me he was asked
by Shalom Kaminetsky if he wanted to marry Mrs. Friedman. He asked if she had a
GET. He was told no, and that she doesn’t need a GET, only lichumroa. When asked
what Rov permitted her to remarry without a GET, the answer was that when he
will marry her he will be told what Rov permitted it.

Let us assume that somewhere, in
some hole in the ground, there is a Rov who permits a married woman to remarry
without a GET, because she wants a different husband, etc. May the woman
remarry based on that one Rov? If the Shulchan Aruch and all of the poskim
forbid it, what Rov can permit it? But, perhaps, somewhere, there is a “rabbi”
who permits it. May the woman remarry because some rabbi or even a few rabbis
permit it? That is our question.

The Rashbo in Teshuva I:353
elaborates on the laws of pesak halacha. He says that if there is an argument
between two rabbis and one is greater than the other in wisdom and number of
students, we never are permitted to do as the opinion of the smaller rabbi,
even if there is great urgency. If there is an argument among rabbis who are
equal in wisdom and number of students, we follow the majority usually, but if
there is a great urgency we can sometimes do as the minority. But if it is generally known and accepted
that the halacha is as the teachings of the majority, we don’t accept the
teaching of the minority even if there is a great urgency.

If there is a doubt because the
arguing rabbis are equal then if the question is a Torah issue we must be
stringent. But if the issue is a rabbinical issue we may be lenient. If the
community accepts a rabbi to adjudicate their Torah issues, everyone in the city
must follow that Rov whatever he says. If the community does not have a single
Rov who rules on all Torah issues for the community, but the community has decided
to follow the Rambam or some similar Posek in all that they do, this is
permitted. But if a Rov in that city brings proofs to differ with that
particular posek, he may follow his own logic. Because the Rambam is not a real
Rov for the community and therefore a Talmid Chochom may disagree with him if
he is worthy to argue with the Rambam in general. But if the Rov is appointed
by the people of the city and is alive everyone must obey him even a Talmid
Chochom who disagrees.

If there are two scholars who
disagree and they are equa,l in Torah questions they must be stringent. But if
two scholars disagree with one scholar who are all equal, we go according to the
majority.

Let us now turn to our case of the
runaway married woman. Not a single rabbi in the world has openly taken credit
for this pesak. So, as far as the world is concerned, the woman who remarries
is a SOTA and her children are mamzerim. A man who dates the woman should ask a
question of his rov if he is doing the right thing, otherwise, he should stay
away from her. And if he does not stay away from her, and marries her, even
after hearing the name or names of the “rabbis” who permit it, he is sinning
with a married woman according to the opinion of the vast majority of the
rabbis and the great rabbis who have never permitted such a thing.

We, all of us who are truly Torah Jews, follow the
Shulchan Aruch. The Shulchan Aruch has various cases where a woman was tricked
into marriage by a bad person and she finds out what happens and she is very bitter.
She wants out. The Shulchan Aruch says that we force the husband to give a GET,
because there must be a GET. The fact that the woman has changed her mind about
marriage even for very good reasons does not change the fact that she is
married. See the previous post with sources.

Another source we mention here is
the Laws of Kesubos Even Hoezer 77:3 that quotes from the Rosh in teshuva 35:2: A
woman was tricked by a wicked person into marrying him. He told her lies and
she believed him. But once married, she realized they were lies. The Rosh says
that although he does not allow coercion of husband to force a GET in most
circumstances, in such a case he permits it. However, he clearly states, that
even in such a case where it is clear to all that the husband is a liar and
lowly person and the woman would never have married him had she known about
him, the Kiddushin remains and there must be a GET.

If so, how can we assume that Mrs.
Friedman, who never said her husband was a liar or horrible, just that she had
some small complaints, how can she unravel kiddushin?

Bottom line: The Rosh is brought
down in Shulchan Aruch above. The Gro paskens like that. Who
is this “rabbi” who disagrees and permits Mrs. Friedman to remarry without a
GET? And why are the Rosh Yeshivas who screamed at Aharon the husband for not
giving a GET not attacking the Kaminetsky attempt to marry a married woman? And
why are the rabbis in Washington still torturing Aharon Friedman as if he was
unworthy to enter their shull? If Mrs. Friedman says she doesn't need a GET, why is Aharon being tortured to force a GET? And why are the rabbis in Washington tormenting Aharon after he obeyed the Baltimore Beth Din, while his wife ran away from it?

NEW BLOG TO STOP DRAFT OF WOMEN IN US

There is a grave danger of women being drafted in US for the following reasons:

1) As of Jan 2016 the Obama administration and military generals have decreed that there is no longer a difference in combat between men and women

2) The Supreme Court ruled previously that if women are able to enter combat they can be drafted.

3) For an Orthodox woman to be drafted is a cardinal sin, one that may bring about terrible things such as suicide. The depression of a decent girl being among men who do what they want will surely result in suicides.

4) In Harvard University the President, a woman, recently publicly bemoaned a study that showed that 71 percent of Harvard women suffered from s abuse, and that twenty percent of the abusers were faculty members of Harvard! The military is much worse than Harvard, because men in combat are ferocious in their passions.

4) WE HAVE MADE A NEW BLOG womenmakewar.blogspot.com . Please go there and see the various sources for the above, and enter any questions or comments that you may have.

IF YOU WANT TO HELP! CALL ME AT 845-578-1917 or write to me at eidensohnd@gmail.com .

THANK YOU

Rabbi Dovid E. Eidensohn

Rabbi Dovid Eidensohn has written Hebrew and English halacha and hashkofo books, which are graced with haskomose from Gedolei HaDor of the past and present generations. Rabbi Moshe Feinstein zt"l wrote, "The Rav HaGaon is known to me for many years, as one who delves deeply to clarify complex halochose." Rabbi Eidensohn has 250 videos on youtube.com/mons5555. He is now involved with broken families and divorces, especially the halachic issues. HaGaon Rav Yosef Shalom Elyashev zt"l conveyed upon Rabbi Eidensohn the right to be a Rosh Beth Din in Gittin and to use Rav Elyashev'a name as endorser.

Jewish Outreach Congregation Program

The Jewish Outreach Congregation is a "synagogue without walls" for searching people. Rabbi Dovid Eidensohn has published books in Hebrew and English on family, marriage and other important topics. He is heavily involved in media as he was trained by Geonim Reb Moshe Feinstein, Reb Yaacov Kaminetsky, and Rav Shimon Schwab, all of the zt"l.

Rabbi Eidensohn was a close Talmid of the Gedolim of the past generation and lihvadil this generation. He struggles to maintain the high standards he received from them, but is convinced that there are great problems today in halacha, marriage and other critical issues. He has for many years spoken out and fought for old values.

Today, the hope is to expand the efforts in writing and media to get individuals who share Rabbi Eidensohn's ideas. We want to make a Torah that gives a person true success in Torah, a fine parnoso, Shalom Bayis and success with children, and general abilities to deal with the physical and intellectual problems of the world.